Vermont's legal marijuana law: What you should know

The Vermont Senate passed a bill legalizing marijuana at the Statehouse in Montpelier on Wednesday, January 11, 2018. The House of Representatives passed the bill last week
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Sen. Jane Kitchell, D-Caledonia, reads literature about the history of cannabis distributed by Sen. John Rodgers, D-Essex/Orleans, not pictured, before the Senate voted to legalize marijuana at the statehouse in Montpelier on Wednesday, January 10, 2018. (Photo: GLENN RUSSELL/FREE PRESS)Buy Photo

Story Highlights

Legalization takes effect July 1 for people who are at least 21 years old

New law does not address how Vermonters could purchase or obtain marijuana

* The plants must be in a secure enclosure that is screened from public view.

* Marijuana harvested from plants doesn't count toward the one-ounce limit as long as it's stored on-site, in an indoor place, and "reasonable precautions are taken to prevent unauthorized access to the marijuana."

Can people still get arrested for marijuana crimes?

Yes. People who are convicted of possessing more than one ounce of marijuana, or more than two mature and four immature plants, can be imprisoned up to six months and fined $500 unless they participate in a court diversion program. On a second offense, penalties rise to two years and $2,000.

People will start facing three years in prison and a $10,000 fine if convicted of having two ounces of marijuana, and the penalties continue to rise for greater amounts.

Anyone who gives marijuana to a person under 21 years old, or enables their consumption of marijuana, can be imprisoned up to two years and fined $2,000. Those penalties rise to five years and $10,000 if the underage person causes death or serious injury while driving after they have received the marijuana. Anyone injured as a result can sue for damages.

There are separate penalties for underage Vermonters, depending on the age of the offender and the recipient. For example: Under the law, a 20-year-old person who dispenses marijuana to a 17-year-old person can be imprisoned for up to five years.

It is a misdemeanor crime to use marijuana in a car with a child, with penalties starting at $500 and two points on a driver's license.

And keep in mind: Marijuana is still illegal under federal law. The U.S. Attorney's Office in Vermont has discretion to decide how aggressively to prosecute marijuana cases.

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Gov. Phil Scott speaks to reporters at the Statehouse in Montpelier on Jan. 18, 2018.(Photo: APRIL MCCULLUM/FREE PRESS)

How does this affect the medical marijuana program?

Act 86 doesn't include any mention of the medical marijuana program, so there's no direct impact on the more than 5,000 Vermont patients registered to use marijuana for symptom relief.

Vermont has two separate sets of marijuana rules — one for the general public, and one for patients.

The medical program law limits patients to 2 ounces of "usable" marijuana, with no exceptions for harvested marijuana.

A patient, with his or her caregiver, can have up to two mature marijuana plants and seven immature plants, cultivated in a locked indoor facility. Members of the general public can have fewer immature plants, but they are allowed to plant cannabis outdoors, with some conditions.

In light of the new legalization law, the Marijuana for Symptom Relief Oversight Committee asked lawmakers to take another look at medical marijuana rules and remove any "undue burdens."

As of June, Vermont has failed to make any substantial changes to the medical marijuana program. Gov. Scott vetoed a bill that would have made minor revisions to the medical law, but the Legislature is attempting to pass the revisions a second time during the special session.

Where can people use marijuana?

In the law, marijuana use is limited to "individual dwellings." As a rule of thumb: If you can't smoke tobacco there, you can't use marijuana there, either — but the marijuana law is more restrictive.

Marijuana consumption is prohibited in any street, alley, park or sidewalk, in addition to the usual smoke-free places like hotel rooms, restaurants, workplaces and stores. Tourists from outside Vermont have limited options.

Violations will rack up civil penalties starting at $100 for a first offense, and Vermont towns and cities are allowed to add their own fines as well.

Landlords can ban possession and use of marijuana as part of a lease agreement.

Impaired driving remains illegal under the law, and neither drivers nor passengers are allowed to use marijuana in a vehicle. Anyone with an open container of marijuana in a vehicle can be fined $200.

Using or growing marijuana at a child care facility is not allowed, except that operators of a registered child care home must notify parents if marijuana will be consumed there when kids are not present.

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Sen. Dick Sears, D-Bennington, explains the latest version of the marijuana legalization bill before the Senate voted for the bill at the statehouse in Montpelier on Wednesday, January 10, 2018. (Photo: GLENN RUSSELL/FREE PRESS)

Is it legal to buy marijuana in Vermont?

Not unless you're a registered medical marijuana patient, in which case you're already buying marijuana from a dispensary.

While Massachusetts is gearing up for retail sales of marijuana this summer, Vermont's law is silent on how people will purchase marijuana if they don't already have it.

People will probably be allowed to give marijuana, seeds or plants to one another as gifts, said Laura Subin of the Vermont Coalition to Regulate Marijuana.

Entrepreneurs have been eager to exploit the "gift" loophole in other states without a marijuana market. In Maine, one businessman began giving away marijuana for free and accepting donations for "packaging and handling," the Portland Press Herald reported in September 2017. Similar businesses popped up in Washington, D.C., and Boston, where marijuana has been given away with a delivery fee or a purchase of another item.

"I think that a $300 T-shirt would be rather suspicious to law enforcement," Subin said. She sees this gray area as a reason for Vermont to keep considering a regulated marijuana market.

Gov. Scott made it clear he is opposed to any further discussion of regulating marijuana, at least until the end of the year when his marijuana commission reports on education, prevention and highway safety.

"It is important for the General Assembly to know that — until we have a workable plan to address each of these concerns — I will veto any additional effort along these lines, which manages to reach my desk," Scott said.

Contact April McCullum at 802-660-1863 or amccullum@freepressmedia.com. Follow her on Twitter at @April_McCullum.
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